Midwife Charged in Death of Baby

Recently a couple had to retell the facts leading up to the death of their newborn at a hearing, for a case that charges their midwife with involuntary manslaughter, with an alternative charge of child endangerment, as reported by the News Leader in Springfield, Missouri.

Josh and Amanda Gardner have spent the last year attempting to put the past, and the devastating loss of their son, Raheem, far behind them.  The baby - on life support after his birth - was only alive for four days.

Josh Gardner said, "I've spent a whole year trying to block this out."

Elaine Diamond, the midwife employed by the Gardners and now charged with his death, dictated that Amanda Gardner labor at home - for nearly three full days - before Josh Gardner insisted on taking her to the hospital himself.

Raheem's death, per the testimony of two physicians, was the result of a lack of oxygen and a possible infection.

The events surrounding Raheem Gardner's birth began on October 24, 2009, when Amanda Gardner texted Elaine Diamond that her water had broke that morning. 

Diamond didn't get there until later that afternoon.

When Diamond arrived she instructed Gardner to call her again when the contractions were five minutes apart.  Diamond did not remain in the Gardner home.

But the next day when Diamond returned, though still no change in Gardner, she spent that night in their home.

Raheem began to crown on October 26.  Three, or more, hours later - and with active pushing - he was still not born. 

It was at this time that Josh Gardner started asking Diamond if they might not be better served at a hospital.  Diamond denied his request and told him that she had it covered.

He finally insisted that they drive to St. John's Hospital.  Raheem was born in the hospital's parking lot, by an emergency room doctor, who said the birth came easily when he applied downward pressure.

The Gardners contend that at his birth they both noticed his color was off, maybe even blue.  Raheem was resuscitated and placed on a ventilator.  But the doctor that treated Raheem, Dr. Edward Stevens, said that the baby never took an unassisted breath.  The baby also showed distinct signs of kidney failure. 

Four days later the Gardners made the decision to remove Raheem from life support.

Stevens further testified that Raheem's acid levels showed that he was deprived of oxygen for a "significant" length of time. 

Dr. David Redfern treated Amanda Gardner for fever and infection.  He said that having her water break, and then leaving that membrane broken for a long time, most likely caused the infection. 

Had Amanda Gardner been given antibiotics within 18 hours of breaking her water, Redfern contended, an infection could have been abated.

Attorney's Joe Passanise and Dee Wampler, representing Diamond, are still mapping out a defense.  They are concentrating on learning all of the details of the case.

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